How do I file Sexual Harassment Charges?
There are four different ways to file charges of sexual harassment against someone who is forcing you to engage in sexual communication or contact at work. You can file in internal complaint with your company, you can file an administrative complaint with a government agency, you can file a lawsuit in court and you can file a criminal complaint with the police. Time deadlines apply in every case to the filing of sexual harassment charges, therefore it is vital to move forward immediately, as soon as the sexual harassment occurs.
Internal Complaints
The first step to take if you believe you are the victim of sexual harassment is to file charges with your company’s Equal Employment Opportunities Officer. Your company handbook should have specific information about how to contact this office, and there should be notices posted prominently in your office that provide the information as well. It is a very good idea to consult with an attorney before making such charges so that you can be sure your charges are properly prepared and filed. Your company will then investigate your charges and may help you resolve them. It is illegal to fire or discipline an employee because they make a sexual harassment complaint. If you receive such mistreatment, you can file a lawsuit or make an administrative complaint.
Administrative Complaints
The U.S. Equal Employment Opportunities Commission is an administrative agency that receives and investigates complaints about sexual harassment. Each state also has its own administrative agency that receives and investigates such charges. If your EEO officer does not deal with your charge to your satisfaction, you can escalate your complaint to a government agency. Again, it is very good idea to consult with an attorney before doing so, since any information you provide to the agency can be used against you in a court lawsuit. In addition, sometimes a filing with an agency constitutes an “election of remedies” that will prevent you from filing a suit in court. Other times you are required to make an agency filing before you can sue in court.
Lawsuits
If you are not satisfied with the remedies available to you from an administrative agency, you may want to file a lawsuit in court to claim money damages to compensate you for the sexual harassment you have experienced. In that case you need an attorney to assist you in filing the case. This means you must work with your attorney to gather evidence and prove your case to a jury. If you do, you can recover damages for lost wages, emotional pain and suffering, attorneys’ fees and, if the conduct was willful, in some cases you can recover punitive damages as well.
Police Charges
If your sexual harassment involves physical touching, it may well amount to criminal conduct that you can report to the police. The police cannot get financial compensation for you, but they can investigate your charges and if they find merit they can arrest and prosecute the wrongdoer.
Statutes of Limitations
It’s extremely important to be aware that strict deadlines apply to the filing of sexual harassment charges. If you wait too long, you will lose your rights. Therefore, you should contact an attorney and receive a legal consultation about time deadlines as soon as the sexual harassment happens.